FOREL INTERNATIONAL TRADING vs WAQAS AHMED JAT S — 2022 PLD 160 KARACHI-HIGH-COURT-SINDH

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FOREL INTERNATIONAL TRADING VS WAQAS AHMED JAT S. 7---Federal Investigation Agency Act, 1974 (VIII of 1975), S. 5---Civil Procedure Code (V of 1908), O.VII, R. 11---Specific Relief Act (I of 1877), S. 56(e)---Original civil jurisdiction---General and special law---Civil Court, jurisdiction barred---Hawala/hundi and money laundering, suspicion of---After conducting inquiry, Federal Investigation Agency ("FIA") had issued an order to freeze Bank accounts of the plaintiffs---Plaintiffs filed suit for declaration that such inquiry offended their fundamental rights; that notices under S.160, Criminal Procedure Code, 1898 and freezing of Bank accounts were mala fide/without jurisdiction; for injunction to set-aside freezing order; and for damages for loss caused to business/reputation/mental anguish---First Information Report was launched alleging that the accused had opened fake Bank accounts to route transactions which were offences under Pakistan Penal Code, 1860 and also scheduled offences under the Offences in Respect of Banks (Special Courts) Ordinance, 1984---Validity---First Information Report was presented before Special Court and said Court had taken cognizance of the matter and the plaintiffs had also surrendered before the Court for pre-arrest bail---Freezing order passed by the "FIA" was subject to the orders of the Special Court---Bank accounts of the plaintiffs are movable property within the meaning of S.7 of the Offences in Respect of Banks (Special Courts) Ordinance, 1984---Said Ordinance being special law, power to lift the freezing order of the plaintiffs' Bank accounts lay exclusively with the Special Court---Question whether the transactions in the Bank accounts of plaintiffs were unlawful, would squarely fall within the exclusive jurisdiction of the Special Court under the Offences in Respect of Banks (Special Courts) Ordinance, 1984---Jurisdiction of Civil Court to grant relief against freezing of the plaintiffs' Bank accounts was impliedly barred---High Court rejected the plaint under R.11 of O.VII.

FOREL INTERNATIONAL TRADING vs WAQAS AHMED JAT S — 2022 PLD 160 KARACHI-HIGH-COURT-SINDH

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